Philosophical Foundations of Language in the Law 1st Edition by Andrei Marmor, Scott Soames ISBN 0199572380 9780199572380
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ISBN 10: 0199572380
ISBN 13: 9780199572380
Author: Andrei Marmor, Scott Soames
This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest.
The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law’s assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules.
Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.
Philosophical Foundations of Language in the Law 1st Edition Table of contents:
Part I: The Nature of Legal Language
Chapter 1: The Philosophy of Language in Legal Contexts
- Overview of Language and Law
- How Language Shapes Legal Interpretation
- Theories of Meaning and Reference in Legal Texts
Chapter 2: The Structure of Legal Language
- Syntax, Semantics, and Pragmatics in Law
- The Role of Ambiguity in Legal Interpretation
- Rules, Principles, and Legal Norms
Chapter 3: Legal Concepts and Linguistic Theory
- The Relationship Between Legal Concepts and Ordinary Language
- Formalism and Anti-formalism in Legal Interpretation
- Meaning in Legal Practice
Part II: Language, Interpretation, and the Role of Judges
Chapter 4: Interpretive Theories and Legal Texts
- Originalism vs. Dynamic Interpretation
- Textualism and Contextualism
- The Role of Judges in Legal Interpretation
Chapter 5: The Pragmatics of Legal Discourse
- Speech Acts and Legal Language
- Legal Communication and its Consequences
- The Role of Intent in Legal Interpretation
Chapter 6: Ambiguity and Vagueness in Law
- Philosophical Approaches to Vagueness
- The Problem of Indeterminacy in Legal Rules
- Resolving Ambiguities in Court
Part III: Theories of Meaning in Legal Language
Chapter 7: Truth and Reference in Legal Statements
- The Nature of Legal Truth
- Reference and Meaning in Legal Contexts
- The Problem of Legal Fictions
Chapter 8: Law, Language, and Social Practice
- The Social Function of Legal Language
- Language as a Tool for Social Control
- Normativity and Law in Linguistic Contexts
Part IV: Language, Morality, and Legal Theory
Chapter 9: Moral Language and Legal Interpretation
- The Intersection of Morality and Legal Texts
- Normative Language and its Role in Legal Decision-making
- The Limits of Language in Achieving Justice
Chapter 10: Legal Language and Legal Systems
- The Role of Language in Legal Systems and Institutions
- Comparative Perspectives on Legal Language
- The Globalization of Legal Discourse
Conclusion
- Reflections on the Role of Language in the Law
- Future Directions for Research in Legal Language
Bibliography
Index
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Andrei Marmor,Scott Soames,Philosophical, FoundationsLanguage,Law